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STATE v. ERICKSON

464 P.2d 707 (1970)

STATE of Oregon, Respondent, v. Roger Lee ERICKSON, Appellant.

Court of Appeals of Oregon, Department 1.

Decided February 5, 1970.

Attorney(s) appearing for the Case

George A. Haslett, Jr., Portland, argued the cause and filed the brief for appellant.

Billy L. Williamson, Portland, argued the cause for respondent. With him on the brief was George Van Hoomissen, Dist. Atty., Portland.

Before SCHWAB, C.J., and FORT and BRANCHFIELD, JJ.

SCHWAB, Chief Justice.

Defendant was convicted upon trial by jury of the crime of being an ex-convict in possession of a firearm. His sole assignment of error on appeal is that the court erred in denying his motion to suppress as evidence a loaded automatic pistol seized from his automobile.

Officer Dennis Daly of the Portland Police Department, while operating a prowl car during the late evening of April 12, 1968, noticed a Volkswagen proceeding at what appeared...

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